Bombay High Court
Sahil Fakira Shaikh vs The State Of Maharashtra on 9 August, 2024
Author: N.R. Borkar
Bench: N.R. Borkar
2024:BHC-AS:31852
906-BA-3028-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3028 OF 2023
Sahil Fakira Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
....
Ms. Sana Raees Khan a/w Mr. Aditya Parmar, for the Applicant.
Ms. Mahalakshmi Ganapathy A.P.P. for the Respondent - State.
....
CORAM : N.R. BORKAR, J.
DATE : 9th AUGUST, 2024
P.C.:
1. This is an application under Section 439 of the Code of
Criminal Procedure, 1973 for bail.
2. The applicant came to be arrested in Crime No.155/2021
registered with Hadapsar Police Station for the offences
punishable under Sections 307, 506, 143, 144, 147, 148, 149,
201, 120(b) of the Indian Penal Code and Sections 37(1)(3) r/w.
135 of Maharashtra Police Act and under Section 4(25) of the
Arms Act and under Sections 3 and 7 of Criminal Law
Amendment Act and Section 3 of Prevention of Damages to Public
Property Act and sections 3(1)(ii),3(2), 3(3),3(4) and 3(5) of the
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Maharashtra Control of Organized Crimes Act, 1999 (for short
"MCOC Act").
3. According to the prosecution the present applicant is
member of organized crime syndicate led by co-accused Shubham
Kamthe. It is alleged that on the day of incident which took place
on 7th December 2021 the present applicant alongwith co-accused
assaulted the Complainant by koyta and other sharp weapons and
attempted to commit his murder, as there was gang rivalry
between them.
4. I have heard learned counsel for the applicant and the
learned APP for the respondent-State.
5. The learned counsel for the applicant submits that there is
no material in the charge-sheet to connect the applicant with the
alleged organized crime syndicate led by Shubham Kamthe. It is
submitted that the applicant is in jail for more than three years
and there are no other criminal antecedents. It is submitted that
the statement of the injured recorded on 17.02.2021 and
supplementary statement recorded on 21.02.2021 and
02.05.2021 are not consistent.
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6. On the other hand the learned A.P.P. for the Respondent -
State submits that the applicant is a member of organized crime
syndicate. It is submitted that the complainant/injured was
brutally assaulted by sharp weapon and he luckily survived. It is
submitted that considering the nature of offence, applicant may
not be released on bail.
7. The fact that there are no other criminal antecedents is not
disputed. The applicant is in jail for more than three years and
the trial is still at the stage of framing of charge. It appears that
the statement of the injured dated 17.02.2021 and supplementary
statement dated 21.02.2021 and 02.05.2021 are not consistent.
Considering the overall facts and circumstances, I am inclined to
release the applicant on bail on certain terms and conditions.
ORDER
(i) Bail Application is allowed.
(ii) Applicant - Sahil Fakira Shaikh shall be released on
bail in Crime No.155/2021 registered with Hadapsar Police Station for the offence punishable under Sections 307, 506, 143, 144, 147, 148, 149, 201, 120(b) of the Indian Penal Code and Sections 37(1)(3) r/w. 135 of Maharashtra Police Act and under Section 4(25) of the Arms Act and under Sajakali Jamadar 3 of 4 ::: Uploaded on - 09/08/2024 ::: Downloaded on - 17/08/2024 16:35:39 ::: 906-BA-3028-2023.doc Sections 3 and 7 of Criminal Law Amendment Act and Section 3 of Prevention of Damages to Public Property Act and sections (1)(ii),3(2),3(3),3(4)and 3(5) of the Maharashtra Control of Organized Crimes Act, 1999 on furnishing PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(iii) The applicant shall not enter into the Pune District except to attend the dates before the trial Court till the conclusion of the trial.
(iv) The applicant shall attend the police station within whose jurisdiction he is going to reside after his release on bail once in a month i.e. on 1 st Saturday between 11.00 a.m. to 2.00 p.m.till the conclusion of the trial.
(N.R. BORKAR, J.)
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